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A GUIDE TO ROAD HAULAGE OPERATOR LICENSING

Please read this guide before completing the attached Licence Application Form This is a guide only and as such does not attempt to cover every issue in relation to your application for a Road Haulage Operator Licence. It does not constitute a legal interpretation of the relevant legislation.

INTRODUCTION This Guide contains information to help you decide whether you need a Road Haulage Operator Licence, what that licence would entitle you to do, and how to go about qualifying and applying for a licence. Licences are issued by the Minister for Transport, Tourism and Sport, under section 2 of the Road Traffic and Transport Act 2006 for up to five years. Other legislation governing this sector includes the Road Transport Act 2011, the EU Regulation No. 1071/2009, and Statutory Instrument No. 89 of 2017. These are available on our website www.rtol.ie. A full list of all the relevant legislation is available from the Department on request. WHO NEEDS A ROAD HAULAGE OPERATOR LICENCE? In general, you need a Road Haulage Operator Licence if you are carrying goods for hire or reward in a vehicle or combination of vehicles the maximum authorised weight of which is in excess of 3.5 (metric) tonnes. If you do only “own account” work, i.e. carriage of your own goods in your own vehicles driven by yourself or your employees, or delivery of goods to a customer who has purchased those goods from you, then you do not need a Road Haulage Operator Licence. EXEMPTIONS If you propose to carry any of the following commodities within the Republic of Ireland only, a Road Haulage Operator Licence is not required for that carriage:

cattle, sheep, pigs, turf;

milk to a creamery or a cream separating station;

separated milk from a creamery or cream separating station;

milk containers to or from a creamery or a cream separating station;

newly-harvested wheat, oats or barley during the period 1 August to 30 November each year from a farm to a place of storage, assembly or processing.

You must hold an International Road Haulage Operator Licence and “Community Licence” if you wish to carry any of these commodities outside this State. In addition to the exemptions listed above, other kinds of haulage operations are also exempted; details can be found in the Schedule to the Road Transport Act 2011, which can be accessed on www.rtol.ie. Contact the Department if you have a query about whether or not you need a licence (see page 15 for contact details). REQUIREMENTS IN ORDER TO OBTAIN A ROAD HAULAGE OPERATOR LICENCE Applicants must: -

have an establishment in the State

be of good repute

satisfy professional competence, and

be of appropriate financial standing

Licence Applications are to be returned to: Road Transport Operator Licensing Unit Department of Transport, Tourism and Sport Clonfert House, Bride Street, Loughrea, Co. Galway H62 ET93

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These are EU requirements and they must continue to be satisfied for the duration of the Road Haulage Operator Licence. Failure to satisfy any of them can lead to the withdrawal or suspension of your Operator Licence, Community Licence and other vehicle documentation.

Section-by-section Guide to filling in your application form General – Fill in all relevant parts of the application form. Please use BLOCK CAPITALS. All information provided must be true and accurate. Advice on completing the form follows below.

Section 1 – Type of Licence required 1A – In this section, you must indicate whether you want a National or International licence. If your Transport Manager (TM) has a National Certificate of Professional Competence (CPC) only, then you can apply only for a National licence. If your TM has an International CPC, then you can apply for a National or International licence. A NATIONAL Road Haulage Operator Licence entitles you to carry on a haulage business within this State only. An INTERNATIONAL Road Haulage Operator Licence is issued with a “Community Licence” and a certified true copy of the Community Licence for each vehicle authorised on the licence. It entitles you to operate in this State and between all the Member States of the European Union. All applications are for five-year licences. However, shorter licence validity may be imposed where the Minister deems it to be appropriate. The period of validity of the licence is stated on it when granted. 1B – If the applicant has had a previous licence, indicate the licence number here.

Section 2 – Applicant Details 2A – Please write the name of the applicant. This is the name that will appear on the Licence. Where the applicant is a company, the full name of the company, as it appears on the company’s Certificate of Incorporation, must be used. Do not write in the name of the director, company secretary, etc., who is completing the form, as the licence may incorrectly issue in that person’s name. 2B – Insert the business address of the applicant, where the applicant keeps its core business documents, in particular its accounting documents, personnel management documents, documents containing data relating to driving time and rest and any other documentation to which the Minister or the Road Safety Authority must have access in order to verify compliance with licensing requirements or with road safety rules. 2D – If there is a separate registered address, this should be stated here.

Section 3 – Details of Sole Trader, Directors and others in the firm Please ensure you fill in all of the details for each person, including Personal Public Service Number (PPSN) and Date of Birth. If any person does not have a PPSN, one must be obtained from the Department of Employment Affairs and Social Protection. Applications where the PPSN or date of birth is missing will be delayed and may be refused. Non-resident directors, partners, etc. can obtain a PPSN from the Department of Employment Affairs and Social Protection, and must do so for the purposes of this application.

Sole traders - Where the applicant is a sole trader, that person should fill in the appropriate details in 3A.

Companies - Where the applicant is a company, then fill in the appropriate details in 3A, 3B, etc., for the company secretary and for each director.

Cooperatives - Where the applicant is a cooperative, then fill in the appropriate details in 3A, 3B, etc., for the secretary and all members of the committee of management.

Partnerships - Where the applicant is a partnership, then fill in the appropriate details in 3A, 3B, etc., for each partner.

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If there are more than four directors, members of the committee of management, or partners, their details can be written on a separate page, signed and dated by an individual listed under section 10 of this guide, and enclosed with the application. If the Secretary for the firm is itself another company, then the Secretary and Director details for that company must also be provided in this section. The “Position in firm” can be Sole Trader, Director, Company Secretary, Secretary/Member of the Committee of Management or Partner.

Section 4 – Vehicles to be used under the Licence Every vehicle or combination of vehicles which has a maximum authorised weight in excess of 3.5 (metric) tonnes, and which is to be used under the licence for carrying goods for hire or reward, must be declared in this section of the application form. Each vehicle must be taxed, insured for hire or reward, have a valid tachograph calibration certificate and a certificate of roadworthiness. The insurance and registration documents for each vehicle must be in the full and proper name of the applicant (the exceptions are where the applicant is a partnership, in which case the vehicles will normally be registered in the name of one of the partners; or where a vehicle is leased or hired, in which case the registration documents will be in the name of the registered owner). It is an offence to operate any vehicle with a maximum authorised weight in excess of 3.5 (metric) tonnes for the carriage of goods for hire or reward unless it is appropriately authorised on a Road Haulage Operator Licence. The maximum penalty for such an offence is a fine of €500,000 and 3 years in prison. 4B – This should state the main base where the vehicles are normally parked. If there are a number of bases where vehicles are parked these can be written on a separate page, signed and dated by the applicant, and enclosed with the application. Operators are required to have suitable operating and parking facilities for all of their vehicles.

Section 5 – Transport Manager Details To comply with the requirement of professional competence there must be at least one person in the road haulage operator business who holds a Certificate of Professional Competence in Road Transport Operations Management in order to be qualified to act as Transport Manager. A Transport Manager is a person who:

(a) holds an appropriate Certificate of Professional Competence; and (b) is of good repute and over 18 years of age; and (c) is designated by notice in writing to the Minister; and (d) is engaged to continuously and effectively manage the transport operations of the operator, and (e) is resident in the Community.

There are two distinct types of Transport Manager: Genuine link to undertaking – There must be a genuine link to the undertaking, such as being an employee, director, partner, owner or shareholder or administering it, or if the undertaking is a natural person, is that person. Contracted Transport Manager – If the transport undertaking does not have a Transport Manager with a genuine link to the undertaking it may hire a Transport Manager provided that:

(a) the contracted Transport Manager has a written contract with the undertaking specifying the tasks to be performed and his or her responsibilities as a Transport Manager; and

(b) the tasks in point (a) shall comprise in particular those relating to vehicle maintenance management, verification of transport contracts and documents, basic accounting, the assignment of loads or services to drivers and vehicles, and the verification of safety procedures; and

(c) the Transport Manager does not manage the transport activities of more than 4 undertakings; and (d) the combined maximum total fleet is not more than 50 authorised vehicles; and (e) the contracted Transport Manager performs the specified tasks solely in the interests of the undertaking and

his or her responsibilities are exercised independently of any undertaking for which the undertaking carries out transport operations.

If you intend to appoint a contracted Transport Manager you must be able to produce a copy of the contract on request.

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The PPSN, date of birth and place of birth of the Transport Manager must be inserted in this section. If the Transport Manager (including non-resident) does not have a PPSN, one must be obtained from the Department of Employment Affairs and Social Protection. Applications received without this information will be delayed and may be refused.

Section 6 – Good Repute

Each person listed in Section 3 and the Transport Manager listed in Section 5 of this application must complete a Vetting Invitation Form and Good Repute Declaration Form for Licence Members and must provide copies of at least two identity documents as outlined in the guidelines to the Vetting Invitation Form. Where the applicant is a company or a cooperative, a Good Repute Declaration Form for Companies and Cooperatives must also be completed and signed on behalf of the company or cooperative by a director / company secretary/ member of the cooperative committee of management / secretary of cooperative listing any convictions or infringements recorded against the company or cooperative. The Vetting Invitation Form and Good Repute Declaration Form must be completed and submitted even if there are no convictions or infringements to declare. A list of relevant convictions/infringements is provided in Note A in this Guide. (Photocopy both forms as required.) NOTE: If the secretary of an applicant company is itself a company, a Good Repute Declaration Form for Companies and Cooperatives must also be submitted on behalf of that company, signed by a director or the company secretary.

Vetting Invitation Form Garda Vetting is now carried out by means of an online eVetting process. The completed Vetting Invitation Form is submitted by the individual to RTOL Unit, and an e-mail from evetting.donotreply@garda.ie is then sent to his or her e-mail address containing a link to an online Garda Vetting Application Form. The individual must then use the link to access and complete the electronic Garda Vetting Application Form and submit it online. Garda Vetting is used to collect information on all convictions resulting from Garda prosecution.

Good Repute Declaration Form

The Good Repute Declaration Form is used to collect information on: i) All infringements, either in the Republic of Ireland or outside the State (an infringement imposes a penalty without a Court appearance, e.g. a prohibition, on-the-spot fine, fixed penalty, penalty points etc.); and ii) In the case of a person, any convictions not resulting from Garda prosecution, either in the Republic of Ireland or outside the State (examples include convictions by the Road Safety Authority, Revenue, Workplace Relations Commission etc.). In the case of a company or cooperative, all convictions including those resulting from Garda prosecution, either in the Republic of Ireland or outside the State. See Note A attached for a list of relevant convictions / infringements. All information collected in this regard will be considered for the purposes of determining good repute: in the case of convictions within the meaning of Section 2 (1) of the Road Transport Act 2011, if convicted at any time; and in the case of other convictions or infringements, if incurred within the previous five years. Where the operator, or any person listed in Section 3 and the Transport Manager listed in Section 5, at any time during the currency of the licence, is convicted of a relevant offence or commits an infringement listed in Note A this must be notified to the Minister. At any time during the period of validity of the licence, the information collected may be used for the purposes of checking or assessing the good repute of the operator or any person who holds a specified position. Information on convictions or infringements received by the Department will be held in confidence and for a minimum of five years. Any failure to provide full information regarding good repute is a serious offence, and may lead to the application being refused. Any person who fails to provide full information, or who provides false or misleading information, is liable on prosecution to a maximum fine of up to €500,000 and/or up to 3 years in prison.

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Section 7 – Financial Standing Applicants must demonstrate that they have sufficient capital and reserves of at least €9,000 for the first vehicle, and €5,000 for each additional vehicle, to be authorised for use under the Road Haulage Operator Licence. Financial standing must be demonstrated by submission of the required document as outlined in the table below. Financial standing documents submitted must be in the same name as the applicant and in respect of the financial year end to a date not more than 18 months prior to the date of application. If it is a new business, a Statement of Affairs completed as at a date no more than 1 month prior to the date of application and certified by a duly accredited person (see definition of duly accredited person at end of this section) must be submitted. Applicants must also have current tax clearance from the Revenue Commissioners and must provide the details requested at Section 7B to enable RTOL to verify their tax cleared position online. To demonstrate financial standing, you MUST enclose ONE of the following with your application:

Formation Type Documents required

Company Annual accounts certified by a duly accredited person. The annual accounts include a Balance

Sheet and Profit and Loss Account.

Sole Trader, Partnership or Cooperative

Annual accounts certified by a duly accredited person. The annual accounts include a Balance

Sheet and Profit and Loss Account.

New Business (trading for less than 1 year)

A Statement of Affairs as at a date no more than 1 month prior to the date of application and certified by a duly accredited person.

Financial standing must be met by the applicant in the Republic of Ireland and not by any other undertaking (including parent organisations) in the Republic of Ireland or in another Member State. A “Duly accredited person” means a person who

(a) has been admitted as, and is, a member of a prescribed accountancy body,

(b) is currently practising in the profession of accountancy,

(c) is not and never has been a specified person, or an employee of the undertaking in respect of whom he or she is preparing an accountant’s report, and

(d) is maintaining such minimum level of professional indemnity insurance as is required by the prescribed accountancy body concerned.

“Prescribed accountancy body” has the same meaning as it has in section 4 of the Companies (Auditing and Account) Act 2003. The current list of prescribed accountancy bodies is as follows:

• Institute of Chartered Accountants in Ireland • Institute of Chartered Accountants in England and Wales • Institute of Chartered Accountants of Scotland • Institute of Certified Public Accountants in Ireland • The Association of Chartered Certified Accountants • Institute of Incorporated Public Accountants • Association of International Accountants • Chartered Institute of Management Accountants • Chartered Institute of Public Finance and Accountancy

NOTE: The duly accredited person who certifies the financial standing document must clearly indicate which of the prescribed accountancy bodies they are affiliated to.

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Section 8 – Fees The full fee must accompany each application. The full fee includes both the standing fee and the additional fee per vehicle to be authorised on the licence. The fee is paid for the consideration of the application, and is not refundable if the licence is not granted. Fees for online applications, which may be made on www.rtol.ie, are lower than for paper applications and online applications will receive priority in processing. Electronic payment by debit or credit card is the preferred payment method (it is the only option for online application) and the paper application form includes a detachable page for entering card details, which is shredded when the transaction is completed. If necessary, payment can be made by cheque, bank draft or postal order made payable to Department Of Transport, Tourism and Sport. National licence fee: Online application fee (see www.rtol.ie): A standing fee of €70, plus a fee of €100 for each vehicle to be authorised on the Licence

Example – for a National licence application with 3 vehicles, the fee is €70 plus (€100 X 3) = €370 in total. Post and public office application fee: A standing fee of €90, plus a fee of €125 for each vehicle to be authorised on the Licence

Example – for a National licence application with 3 vehicles, the fee is €90 plus (€125 X 3) = €465 in total. International licence fee: Online application fee (see www.rtol.ie): A standing fee of €70, plus a fee of €230 for each vehicle to be authorised on the Licence

Example – for an International licence application with 5 vehicles, the fee is €70 plus (€230 X 5) = €1,220 in total Post and public office application fee: A standing fee of €90, plus a fee of €250 for each vehicle to be authorised on the Licence

Example – for an International licence application with 5 vehicles, the fee is €90 plus (€250 X 5) = €1,340 in total

Section 9 – Conditions of Application This section sets out the main conditions under which the application is made. In addition, every appropriate legal requirement in Irish or European legislation that governs access to the occupation or market in relation to road haulage or that applies to vehicles used for haulage, as well as any appropriate administrative policy of the Minister, also applies to the application. Once the licence is granted, certain details including operator name, address, licence number, licence validity dates, vehicle registration numbers and Transport Manager’s name will be publicly accessible by means of a search facility on www.rtol.ie.

Section 10 – Declaration and Signature This section should be completed and signed by one of the following:

the applicant, where the applicant is a sole trader;

one of the partners, where the applicant is a partnership;

the company secretary or a company director, where the applicant is a company;

the secretary or a member of the committee of management, where the applicant is a cooperative. The person signing this section must ascertain that all of the details in relation to the application are correct, and that any information being provided to them by any other person for the purposes of the application is correct. Where any person has provided any information for the purposes of this application which is found to be false or misleading, that person commits an offence and may be prosecuted by the Minister and may be liable to a fine of up to €50,000. Where any aspect of the application is found to be false or misleading, the Minister may refuse the application, and deem the good repute of the applicant and/or relevant persons to be affected.

Further Information For application forms and further information see www.rtol.ie or contact the Road Transport Operator Licensing Unit at:

Department of Transport, Tourism and Sport, Clonfert House, Bride Street, Loughrea, Co. Galway H62 ET93 Telephone: 091 872950 Lo-call: 0761 001 601 Fax: 091-872999 Email: rtol@dttas.gov.ie Website: www.rtol.ie

Public Office Open Monday – Friday from 9.30 - 13.00 and 14.00 - 17.00

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NOTE A

LIST OF RELEVANT CONVICTIONS/INFRINGEMENTS Road Transport Act 2011 Section 2(1) – Obligation on operator to notify Minister of certain convictions (a) murder, (b) manslaughter, (c) a drug trafficking offence (within the meaning of section 3 of the Criminal Justice Act 1994), (d) an offence under the Non-Fatal Offences against the Person Act 1997, (e) an offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000, (f) a sexual offence (within the meaning of section 3 of the Sex Offenders Act 2001), (g) an offence under the Criminal Justice (Theft and Fraud Offences) Act 2001, (h) an offence under the Criminal Law (Human Trafficking) Act 2008, (i) an offence relating to money laundering under Part 2 of the Criminal Justice (Money Laundering and

Terrorist Financing) Act 2010, (j) an offence under the Firearms Acts 1925 to 2009, (k) an offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, soliciting,

procuring or inciting the commission of any offence mentioned in paragraphs (a) to (j), or (l) an offence under the law of another jurisdiction which corresponds to an offence mentioned in paragraphs

(a) to (k), where the conduct constituting the offence under the law of that other jurisdiction would, if committed in the State, constitute an offence referred to in any of those paragraphs.

Statutory Instrument No. 89 of 2017 – European Union (Occupation of Road Transport Operator) Regulations 2017 SCHEDULE 1 An offence under: (a) the Companies Acts 2014 relating to a company established for the purposes of pursuing the occupation of

road transport operator; (b) the Road Traffic Acts 1961 to 2016; (c) Part 2 of the Public Transport Regulation Act 2009 (No. 37 of 2009); (d) the Road Transport Act 1933 (No. 8 of 1933) and any Act or section of any Act construed together with it; (e) the Dangerous Substances Acts 1972 and 1979; (f) the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998); (g) the Animal Health and Welfare Act 2013 (No. 15 of 2013); (h) the Customs and Excise (Miscellaneous Provisions) Act 1988 (No. 10 of 1988); (i) section 3 of the Customs Act 1956 (No. 7 of 1956); (j) section 14 or 15 of the Customs Act 2015 (No. 18 of 2015); (k) section 10 of the International Carriage of Perishable Foodstuffs Act 1987 (No. 20 of 1987); (l) the International Carriage of Goods by Road Act 1990 (No. 13 of 1990); (m) section 102 of the Finance Act 1999 (No. 2 of 1999); (n) the Agriculture Acts 1931 to 1980 relating to the carriage of animals, meat or agricultural produce; (o) the Agricultural Produce (Fresh Meat) Acts 1930 to 1988; (p) the following Acts, in so far as they relate to the occupation of road transport operator:

(i) the Minimum Notice and Terms of Employment Acts 1973 to 2005; (ii) section 77 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005); (iii) the Protection of Young Persons (Employment) Act 1996 (No. 16 of 1996); (iv) the Unfair Dismissals Acts 1977 to 2007;

(v) the Organisation of Working Time Act 1997 (No. 20 of 1997); (vi) the Terms of Employment Acts 1994 to 2012; (vii) the Employment Permits Acts 2003 to 2014; (viii) the Payment of Wages Act 1991 (No. 25 of 1991);

(q) the Social Welfare Acts; (r) the Competition Acts 2002 to 2014;

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(s) the Bankruptcy Acts 1988 to 2011; (t) Part 3 of the Consumer Protection Act 2007 (No. 19 of 2007); (u) the Sale of Goods and Supply of Services Act 1980 (No. 16 of 1980); (v) the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (No. 16 of 2012); (w) the Taxi Regulation Act 2013 (No. 37 of 2013); (x) any regulation made under the European Communities Act 1972, relating to road transport or the carriage of

goods or passengers by road; (y) a law in force in another Member State that corresponds to any of the foregoing offences, where the

conduct constituting the offence under the law of that other Member State would, if committed in the State, constitute an offence.

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 ANNEX IV Most serious infringements for the purposes of Article 6(2)(a) 1. (a) Exceeding the maximum 6-day or fortnightly driving time limits by margins of 25% or more.

(b) Exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50% or more without taking a break or without an uninterrupted rest period of at least 4.5 hours.

2. Not having a tachograph and/or speed limiter, or using a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsifying record sheets or data downloaded from the tachograph and/or the driver card. 3. Driving without a valid roadworthiness certificate if such a document is required under Community law and/or driving with a very serious deficiency of, inter alia, the braking system, the steering linkages, the wheels/tyres, the suspension or chassis that would create such an immediate risk to road safety that it leads to a decision to immobilise the vehicle. 4. Transporting dangerous goods that are prohibited for transport or transporting such goods in a prohibited or non-approved means of containment or without identifying them on the vehicle as dangerous goods, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle. 5. Carrying passengers or goods without holding a valid driving licence or carrying by an undertaking not holding a valid Community licence. 6. Driving with a driver card that has been falsified, or with a card of which the driver is not the holder, or which has been obtained on the basis of false declarations and/or forged documents. 7. Carrying goods exceeding the maximum permissible laden mass by 20% or more for vehicles the permissible laden weight of which exceeds 12 tonnes, and by 25% or more for vehicles the permissible laden weight of which does not exceed 12 tonnes Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of 21 October 2009 Article 6 (a) that there be no compelling grounds for doubting the good repute of the transport manager or the transport undertaking, such as convictions or penalties for any serious infringement of national rules in force in the fields of:

(i) commercial law; (ii) insolvency law; (iii) pay and employment conditions in the profession; (iv) road traffic; (v) professional liability; (vi) trafficking in human beings or drugs; and

(b) that the transport manager or the transport undertaking have not in one or more Member States been convicted of a serious criminal offence or incurred a penalty for a serious infringement of Community rules relating in particular to:

(i) the driving time and rest periods of drivers, working time and the installation and use of recording equipment; (ii) the maximum weights and dimensions of commercial vehicles used in international traffic;

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(iii) the initial qualification and continuous training of drivers; (iv) the roadworthiness of commercial vehicles, including the compulsory technical inspection of motor vehicles; (v) access to the market in international road haulage or, as appropriate, access to the market in road passenger transport; (vi) safety in the carriage of dangerous goods by road; (vii) the installation and use of speed-limiting devices in certain categories of vehicle; (viii) driving licences; (ix) admission to the occupation; (x) animal transport.

Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No. 1071/2009 with regard to the classification of serious infringements of the Union rules which may lead to the loss of good repute by the road transport operator

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ROAD HAULAGE OPERATOR LICENCE APPLICATION FORM This is an application form for a Road Haulage Operator Licence, and for all the appropriate documents for vehicles to be authorised under the licence. Please complete in CAPITAL LETTERS. You should read the attached Guide to Road Haulage Licensing (referred to in this form as “the Guide”) before filling in this form. If you need more space for any part of this application, use a separate page and enclose it with this application. The fee must be paid in full and accompany the application. All documentation indicated in this form must be enclosed. Tick boxes as appropriate in this form. If in doubt about any aspect of filling in this form, consult the Guide or contact the Road Transport Operator Licensing Unit.

Section 1 Type of Licence required (see Section 1 in the Guide)

Office Use Only Application No. _________________________

Licence No. ____________________________

1A National Road Haulage Operator Licence International Road Haulage Operator Licence

1B Previous Licence No. (if any) _______________

Section 2 Applicant Details and Establishment (see Section 2 in the Guide)

2A Name of Applicant__________________________________________________________________ 2B Business Address of Applicant_________________________________________________________ ____________________________________________________________________________________ 2C Eircode _______________________ 2D Registered Office (if different from 2B)_________________________________________________ ____________________________________________________________________________________ 2E Business Formation Type: Sole Trader Company Cooperative Partnership 2F Office Phone No._______________________ 2G Office Fax No.___________________________

2H Office e-mail _______________________________________________________________________ 2I In the case of a company, state Companies Registration Office registration no. ________________ 2J If a trade/business name is registered with Companies Registration Office, state registration no. _________ and name ___________________________________________________

Return this application to: Road Transport Operator Licensing Unit Department of Transport, Tourism and Sport Clonfert House, Bride Street, Loughrea, Co. Galway H62 ET93

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Section 3 Details of Sole Trader, Directors or others in the business (see Section 3 in the Guide)

3A Name___________________________________

Address_________________________________

_________________________Eircode: ________

Mobile_________________________________

E-mail__________________________________

PPSN___________________________________

Date of Birth_____________________________

Position in firm___________________________

3B Name________________________________________

Address______________________________________

______________________________ Eircode: _______

Mobile____________________________________

E-mail_____________________________________

PPSN_____________________________________

Date of Birth_______________________________

Position in firm_____________________________

3C Name____________________________________

Address__________________________________

_________________________ Eircode: ________

Mobile________________________________

E-mail_________________________________

PPSN__________________________________

Date of Birth____________________________

Position in firm__________________________

3D Name________________________________________

Address______________________________________

_______________________________Eircode: _______

Mobile____________________________________

E-mail_____________________________________

PPSN______________________________________

Date of Birth________________________________

Position in firm______________________________

Section 4 Vehicles to be used under the Licence (see Section 4 in the Guide)

4A

Registration number Is vehicle leased or hired Y/N?

IMPORTANT NOTE: ALL VEHICLES ENTERED HERE MUST HAVE CURRENT

MOTOR TAX, CERTIFICATE OF ROADWORTHINESS

AND INSURANCE, OTHERWISE THEY CANNOT BE

AUTHORISED ON THE LICENCE.

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2

3

4

5

6 7

8 (If necessary, continue on a separate page, to be signed and dated by the applicant)

4B Every operator must have adequate parking spaces and operating premises in the State. Please provide address(es) where vehicles are normally parked:

_________________________________________________________________________________________

_________________________________________________________________________________________

4C I hereby declare that all vehicles to be used under the licence are insured to operate for hire or reward in the

name of the applicant. (Please tick to confirm)

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Section 5 Transport Manager Details (see Section 5 in the Guide)

5A Name of Transport Manager___________________________________________________________

5B Address____________________________________________________________________________

____________________________________________________________________ Eircode: ___________

5C Mobile___________________________ 5D Telephone___________________________________

5E E-mail______________________________________________________________________________

5F PPSN____________________________ 5G Date of Birth_________________________________

5H Place of Birth______________________ 5I Transport Manager’s CPC No.___________________

5J Country of issue of Certificate of Professional Competence (CPC):______________________________

5K Date of issue of CPC ____________________________

5L Type of CPC: National International

Office Use Only

Section 6 Good Repute (see Section 6 in the Guide)

Each person listed in Section 3 and the Transport Manager listed in Section 5 of this application must complete a Vetting Invitation Form and Good Repute Declaration Form for Licence Members (attached to this form) and must provide copies of at least two identity documents as outlined in the guidelines to the Vetting Invitation Form. Where the applicant is a company or a cooperative, a Good Repute Declaration Form for Companies and Cooperatives (attached to this form) must also be completed and signed on behalf of the company or cooperative by a director / company secretary/ member of the cooperative committee of management / secretary of cooperative. The Vetting Invitation Form and Good Repute Declaration Form must be completed and submitted even if there are no convictions or infringements to declare. A list of relevant convictions / infringements is provided in Note A in the Guide.

Section 7 Financial Standing (see Section 7 in the Guide)

7A You must enclose the documents required for your formation type demonstrating that you have sufficient

resources to launch and administer the business, consisting of capital and reserves of at least €9,000 for the first

vehicle to be authorised on the licence, and at least €5,000 for each additional vehicle.

7B The following information must be provided to enable RTOL Unit to verify the applicant’s tax clearance

status online:

Applicant’s Tax Reference Number____________________________

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Section 8 Fees (see Section 8 in the Guide)

8A The appropriate fee for this application and details of how to pay are set out in Note 8 in the Guide. The fee

paid is for the consideration of the application and is non-refundable, even if the application is not granted.

Please state the amount of the fee payable for this application: € ___________________ .

8B Please indicate payment method: Credit/Debit Card (see Section 11)

Cheque Bank Draft Postal Order (made payable to the Department of Transport, Tourism and Sport)

Office Use Only

Section 9 Conditions of Application (see Section 9 in the Guide)

9A The Minister may refuse any application where he or she considers that any of the requirements to obtain a licence are not met, where any false declaration is made, or if the application is not satisfactory or is abandoned. 9B The Minister may undertake such additional checks or seek any additional information before granting a licence, including additional checks with enforcement authorities within and outside the State. 9C The Minister may share details about operators and relevant persons with enforcement authorities in Ireland and the EU, and on request with other Government Departments and their agencies. 9D The information provided in this application will be held on computer by the Minister. Once the licence is granted, certain licence information (see the Guide for details) is made publicly accessible by the Minister on www.rtol.ie. 9E Any false declaration made in this application may lead to prosecution and a fine of up to €50,000. 9F This form with the appropriate Vetting Invitation Form/s (each with at least two identity documents), Good Repute Declaration Form/s, document to demonstrate financial standing, evidence of tax clearance and the fee together constitute the application. Applicants must complete this form in conjunction with the Guide.

Section 10 Declaration and Signature (see Section 10 in the Guide)

10A I hereby declare that all of the information in this application is true and accurate, and all statements or information provided about any person made in this application are made with their agreement. 10B I confirm my agreement that by providing my Tax Reference Number, RTOL Unit may verify my tax clearance status. 10C Any changes in the details provided in this application will be notified to the Department no later than one month from that occurrence. Changes to vehicles being operated will be notified immediately. 10D I understand that the Department of Transport, Tourism and Sport may undertake good repute checks on persons who hold a specified position before approving this application and during the validity of the licence. 10E I agree to inform the Department of Transport, Tourism and Sport of any convictions / infringements for relevant offences against any person to whom this application relates during the validity of the licence. 10F I agree to abide by the conditions of this application and with any terms and conditions on my licence. 10G I do not know of any reason why a Road Haulage Operator Licence should not be granted to the applicant. 10H I confirm the following are enclosed (please tick ): Vetting Invitation Form and Good Repute Declaration Form for each person listed in Sections 3 and 5 Copies of at least two ID documents as outlined in the guidelines to the Vetting Invitation Form for each

person listed in Sections 3 and 5 Good Repute Declaration Form for company or cooperative (if applicant is a company or cooperative) Document required to demonstrate financial standing (see Section 7) Tax Reference Number (see Section 7) Fee (see Section 8)

Signed______________________________ Name in BLOCK CAPITALS_____________________________

Date______________________ Status * __________________________ * (Applicant if applicant is Sole Trader / Director or Secretary if Company / Partner if Partnership / Member of Cooperative committee of management or Secretary of Cooperative if Cooperative)

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Section 11 Credit/Debit Card Payment

Mastercard Visa Other (state type of card __________________________)

Expiry Date: MM-YY

Cardholder’s Name (as it appears on card):

Card Number: C V V (last 3 digits on back of card)

Please charge my credit/debit card with

(If the fee entered on this form is found to be incorrect your credit/debit card will be charged the correct fee for the application.)

Signature of Cardholder:

-

€ .

15

Guidelines for completing Vetting Invitation Form (NVB 1a)

IMPORTANT: Please read the following guidelines before completing this form.

Incomplete forms will be returned resulting in processing delays in the case of a licence application.

GENERAL

The form must be completed in full using BLOCK CAPITALS and writing must be clear and legible.

The form should be completed in ball point pen.

The original signed Vetting Invitation Form must be returned – a photocopy will not be accepted.

All applicants are required to provide documents to validate their identity – SEE NOTE BELOW.

PERSONAL DETAILS

Insert details for each field, allowing one block letter per box.

For date of birth field, allow one digit per box.

Please fill in your e-mail address carefully, allowing one character/symbol per box. The invitation to the

e-vetting website will be sent to this e-mail address, so it is essential that it is entered correctly.

Please allow one digit per box for your contact number.

Your current address means the address where you are now living.

The address fields should be completed in full. Do not use abbreviations.

ROLE BEING VETTED FOR

The role being vetted for must be clearly stated (for example Road Haulage Operator, Road Passenger Transport

Operator, Director, Transport Manager etc.)

DECLARATION OF APPLICANT

The applicant must confirm their understanding and acceptance of the three statements shown by signing and dating

the form at Section 2 and ticking the box provided. “Criminal record” is defined as (a) a record of the person’s

convictions, whether within or outside the State, for any criminal offences, together with any ancillary or

consequential orders made pursuant to the convictions concerned, or (b) a record of any prosecutions pending against

the person, whether within or outside the State, for any criminal offence. “Criminal offence” includes an offence under

the law of a state other than the State that corresponds to an offence under the law of the State, where the act or

omission constituting the offence under the law of the other state would, if committed in the State, constitute an

offence under the law of the State.

NOTE ON IDENTIFICATION DOCUMENTS

Copies of at least two forms of identification must be provided to validate the identity of the applicant when

completing the application and at least one of these must be photographic. There is a points system for verification of

identity and the documents provided must total at least 100 points. Forms of identification are given points as follows:

Irish Driving Licence or Learner Permit (new credit card format) 80 points

Irish Public Services Card 80 points

Passport (from country of citizenship) 70 points

Irish Certificate of Naturalisation 50 points

Birth Certificate 50 points

Garda National Immigration Bureau (GNIB) Card 50 points

National Identity Card (for EU/EEA/Swiss citizens) 50 points

Irish Driving Licence or Learner Permit (old paper format) 40 points

Letter from Employer within last two years confirming name and address 35 points

National Age Card (issued by An Garda Síochána) 25 points

16

Department of Transport,

Tourism and Sport

Road Transport Operator

Licensing Unit

Clonfert House, Bride Street

Loughrea

Co. Galway H62 ET93

Vetting Invitation Form NVB 1(a)

IMPORTANT: Applicants must complete this form as the first stage in the Garda Vetting process. You must return this

form with your application to the Department’s address above, NOT to An Garda Síochána. An invitation

to the e-vetting website will then be sent to the e-mail address you provide below. You must then use the

link in the e-mailed invitation to access the e-vetting website and complete the online Garda vetting

process. Licence applications CANNOT proceed until all members of the application have completed the

online Garda vetting process.

SECTION 1 – PERSONAL INFORMATION

SECTION 2 – DECLARATION OF APPLICANT

Applicant’s

Signature: Date: / /

Forename(s):

Middle Name:

Surname:

Date Of Birth: D D / M M / Y Y Y Y

Email Address:

Contact Number:

Role Being Vetted For:

Current Address:

Line 1:

Line 2:

Line 3:

Line 4:

Line 5:

Eircode/Postcode:

Name Of Organisation: Department of Transport, Tourism and Sport

I confirm that I have provided documentation to validate my identity as required;

I hereby authorise the National Vetting Bureau of An Garda Síochána to furnish to the above Organisation a statement

that there is no criminal record information to disclose in respect of me in Ireland or elsewhere, or a statement of

criminal record information in Ireland or elsewhere as the case may be; and

I declare that in the course of the vetting process I will disclose any conviction that may be recorded against me in

Ireland or outside the State. PLEASE TICK BOX

For Department Use Only

Our Ref:

______________________________

Applicant/Operator Name

______________________________

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GOOD REPUTE DECLARATION FORM FOR LICENCE MEMBERS

INSTRUCTIONS – PLEASE READ BEFORE COMPLETING THIS FORM

Purpose of this form – This Good Repute Declaration Form is used to provide details of: (1) any infringements either in Ireland or outside the State (an infringement imposes a penalty without a Court appearance, e.g. on-the-spot fine, fixed penalty, penalty points etc.); and (2) any Court convictions not resulting from Garda prosecution, either in Ireland or outside the State (e.g. prosecution by the Road Safety Authority, Revenue, Workplace Relations Commission etc.).

Who must complete this form? This Good Repute Declaration Form must be completed (in addition to the Vetting Invitation Form) by each person listed as a licence member, including the Transport Manager, the Company Directors/Secretary where the applicant/operator is a Company, and the members of the Cooperative committee of management where the applicant/operator is a Cooperative.

Name of Licence Applicant/Operator: This is the name in which the licence is to issue in the case of a licence application, or the name of the licence holder where there is a current licence.

This form should be completed clearly and legibly in full using BLOCK CAPITALS.

EACH PERSON listed as a licence member must enter his/her details below

FORENAME: SURNAME:

PREVIOUS NAME (if any): DATE OF BIRTH: (dd/mm/yyyy) PPS Number:

Name of Licence Applicant/Operator

(Note: Where the licence is in the name of a Company or Cooperative, that name should be entered here.)

Have you received a penalty for any infringement or any conviction not resulting from Garda prosecution, either in Ireland or outside the State?

No Yes If yes, please provide details below (if necessary, use additional pages and attach)

Date of infringement or conviction

Nature of infringement or conviction

Prosecuting Authority

Place of infringement or conviction

Court (if applicable)

Penalty

DECLARATION

I, the undersigned, hereby declare that in accordance with the above instructions I have included all infringements / convictions recorded against me in Ireland or outside the State. Signature: _____________________________________ Date: ______________________ PLEASE PRINT ALSO ( ) Position in transport undertaking: __________________________ (Applicant/Director/Secretary/Transport Manager /Partner/Member of Cooperative Management Committee/Secretary of Cooperative)

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GOOD REPUTE DECLARATION FORM FOR COMPANIES AND COOPERATIVES

INSTRUCTIONS – PLEASE READ BEFORE COMPLETING THIS FORM Purpose of this form – This Good Repute Declaration Form is used to provide details of: (1) any infringements either in Ireland or outside the State recorded against the Company or Cooperative named below (an infringement imposes a penalty without a Court appearance, e.g. on-the-spot fine, fixed penalty, penalty points etc.); and (2) any Court convictions either in Ireland or outside the State recorded against the Company or Cooperative named below (including those resulting from prosecution by An Garda Síochána, Road Safety Authority, Revenue, Workplace Relations Commission etc.).

Who must complete this form? If the licence is applied for or held in the name of a Company or Cooperative, this Good Repute Declaration Form must be completed on behalf of the Company or Cooperative by a Company Director / Secretary or Member / Secretary of the Cooperative committee of management, as applicable. Details of any infringements or convictions recorded against the Company or Cooperative named below must be entered on this form. This form is NOT instead of the Good Repute Declaration Form for Licence Members, which must also be completed by each person listed as a licence member. This form should be completed clearly and legibly in full using BLOCK CAPITALS.

Name of Company or Cooperative

Has the Company or Cooperative received a penalty for any infringement or any conviction either in Ireland or outside the State?

No Yes If yes, please provide details below (if necessary, use additional pages and attach)

Date of infringement or conviction

Nature of infringement or conviction

Prosecuting Authority

Place of infringement or conviction

Court (if applicable)

Penalty

DECLARATION

I, the undersigned, hereby declare that in accordance with the above instructions I have included all infringements / convictions recorded against the above Company or Cooperative in Ireland or outside the State.

Signature: _____________________________________ Date: ______________________ PLEASE PRINT ALSO ( ) Position in transport undertaking: __________________________ (Director/Secretary/Member of Cooperative Management Committee /

Secretary of Cooperative)